Legal Opinion

Partridge v. Clary

Massachusetts Supreme Judicial Court

Decided October 23, 1917PublishedCited by 7 opinions

Appeal from a decree of the Probate Court for the county of Berkshire allowing the final account of the sole surviving executor of the will of David A. Clary, late of Pittsfield, who died on April 2, 1891. The appellants were David A. Clary and Ethel May Clary, who were the children of Gordon McKay Clary and the grandchildren of the testator.

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Appeal from a decree of the Probate Court for the county of Berkshire allowing the final account of the sole surviving executor of the will of David A. Clary, late of Pittsfield, who died on April 2, 1891. The appellants were David A. Clary and Ethel May Clary, who were the children of Gordon McKay Clary and the grandchildren of the testator. The case came on to be heard by Crosby, J., who, at the request of the parties, reserved it upon a case stated and the reasons for appeal for determination by the full court. The essential facts and the contentions of the appellants are stated in the…

1Opinion of the CourtLoring, J.

This is an appeal from a decree allowing the first and final account of the survivor of the executors of the will of the appellants’ grandfather. The grandfather bequeathed the residue of his estate to the executors of his will in trust- to pay the income to his wife and son during the life of his' wife and then to pay over, convey and deliver the corpus to the son. It was found that the residue came to $63,300. Thereupon the executors paid to the wife $23,837.46 and to the son $39,462.54 on receiving from each a release under seal in which full satisfaction was acknowledged of all claims…

2Cases cited9 opinions

  1. Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
  2. Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
  3. Heard v. ReadMassachusetts Supreme Judicial Court · 1897
  4. Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
  5. White v. UnderwoodMassachusetts Supreme Judicial Court · 1913

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Akin v. WarnerMassachusetts Supreme Judicial Court · 1945
  2. Coddington v. . StoneSupreme Court of North Carolina · 1940
  3. Brown v. SpringMassachusetts Supreme Judicial Court · 1922
  4. Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1944
  5. Lipsitt v. SweeneyMassachusetts Supreme Judicial Court · 1945

2 more not listed; retrieve them via the Exa API.

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